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DAUGHTERS OF MIRIAM HOME v. LEGALIZED GAMES, ETC.

42 N.J. Super. 405 (1956)

126 A.2d 892

DAUGHTERS OF MIRIAM HOME FOR AGED AND INFIRM, CONGREGATION ADAS ISRAEL, A RELIGIOUS CONGREGATION, AND TIFERIS TZVI HEBREW SCHOOL, PETITIONERS, v. LEGALIZED GAMES OF CHANCE CONTROL COMMISSION, DEFENDANT. STATE GARDEN (A CORPORATION), PETITIONER, v. LEGALIZED GAMES OF CHANCE CONTROL COMMISSION IN THE DEPARTMENT OF STATE, ATTORNEY-GENERAL OF THE STATE OF NEW JERSEY, JAMES J. ZUCCARO, CHIEF OF POLICE OF THE CITY OF UNION CITY AND CITY OF UNION CITY, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided November 16, 1956.

Attorney(s) appearing for the Case

Mr. Joseph M. Jacobs argued the cause for Daughters of Miriam Home for Aged and Infirm, Congregation Adas Israel and Tiferis Tzvi Hebrew School, petitioners (Messrs. Stoffer and Jacobs, attorneys).

Mr. Leo Solomon argued the cause for State Garden, petitioner (Messrs Solomon & Solomon, attorneys).

Mr. David M. Satz, Jr., argued the cause for defendants (Mr. Grover C. Richman, Jr., Attorney-General).

Before Judges CLAPP, JAYNE and FRANCIS.

The opinion of the court was delivered by CLAPP, S.J.A.D.

These two proceedings for declaratory judgments have been joined for argument. Each was instituted in this court on petition under R.R. 4:88-10 for the purpose of challenging the validity of the following four rules promulgated by the Legalized Games of Chance Commission:

"RULES AND REGULATIONS PART VII

* * *

20. No organization shall hire premises for the holding, conducting...

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